Legal Question in Criminal Law in California

Disorderly conduct

I was recently picked up for being drunk in public after a concert. I was released the next day, and given a notice to appear in court next month. The charge on the notice says ''Disorderly Conduct: Toluene''. I looked up the word Toluene, and it means things like paint thinner etc. Was I charged with huffing paint thinner??? I had drank alot of Tequila that night, but I have never ''huffed'' anything in my life. Should I fight the charge, or just explain that I was just drunk and plead guilty? what kind of punishment should I expect?

Thank you.


Asked on 4/16/09, 3:00 am

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Disorderly conduct

You do not want to plead guilty to pc 647 as child molesters, drunks, glue sniffers, johns, peeping toms, are all grouped together. Get represented and have it reduced to disturbing the pease, an infraction. Contact me directly.

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Answered on 4/16/09, 1:22 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: Disorderly conduct

I think you are treating this wayyyyyy too lightly. You are unlikely to get jail time on this no matter what the facts were (glue or booze). But what about your future employment prospects?

I suppose if you have a few convictions already, it may not be important to you, but if this is your first DON'T DO IT. Why plead? Do you have any idea how hard it makes to get a job if you have a conviction of any kind?

Talk to a lawyer first and see if a conviction can be avoided. If you can't afford one, ask the judge to appoint the Public Defender for you. If you can afford it , start calling around and see if you can afford it (like maybe even on a credit card). You may be surprised.

I do cases in Alameda County, and have been doing criminal litigation for 35 years. Give me a call for a free interview and I'll tell you what I think your chances are. OK?

You can also find a lot of useful info on criminal courts at my website:

http://Dinday.com

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Answered on 4/16/09, 4:03 pm
Joe Dane Law Office of Joe Dane

Re: Disorderly conduct

It may be a simple clerical error that the prosecutor can and will clear up at the first court appearance. If not, it may be used to your advantage as a reason the DA should drop the charge against you.

Because of this charging error, I would suggest you hire a local criminal defense attorney to represent you. If you go in on this yourself and point out the error, it'll likely be corrected and you'll still face charges.

The other reason I'll suggest you get a lawyer is this: Penal Code 647(f) requires that you be so intoxicated (by alcohol or drugs) that you are unable to care for your own safety or the safety of others. It's usually one of the "four P's": You Peed your pants, Pooped your pants, Puked or Passed Out. (not the actual legal criteria, but a good rule of thumb)

At least go for a consult with a local defense attorney to discuss your options. You don't want to end up with a misdemeanor conviction on your record if you can avoid it.

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Answered on 4/16/09, 10:15 am


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